Interpretation Response #05-0011 ([H.B. Fuller Company] [Mr. Gene Secor])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 02/28/2005

Company Name: H.B. Fuller Company

Individual Name: Mr. Gene Secor

Location State: MI Country: US

View the Interpretation Document

Response text:

Feb 28, 2005

Mr. Gene Secor                 Reference No. 05-0011

H.B. Fuller Company

31601 Research Park Drive

Madison Heights, MI 48071

Dear Mr. Secor:

This is in response to your January 11, 2005, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a person must report an undeclared hazardous material discovered after the material has been delivered to the consignee and the carrier has departed the consignee"s facility. In addition, you indicate that the package may or may not be leaking.

The answer is no. The requirement to file a Hazardous Materials Incident Report on DOT Form F 5800.1 applies to hazardous materials incidents that occur during transportation (171.16(a)). Therefore, incidents that occur after the hazardous material has been delivered to the consignee and the carrier has departed the premises are not subject to the incident reporting requirements. For incidents that occur during transportation it is the responsibility of the person in physical possession of the leaking or undeclared package to file an incident report.

I hope this information is helpful.

Sincerely,

John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

171.16

Regulation Sections